Fort Lupton Press 15
February 24, 2022
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PUBLIC NOTICES
Public Notices call Marley 303-566-4123 Legals City and County PUBLIC NOTICE Red Tierra Equities, L.L.C.; 8301 East Prentice Avenue Suite 100, Greenwood Village, CO 80111, has filed an application for a Regular (112) Construction Materials Operation Reclamation Permit Amendment with the Colorado Mined Land Reclamation Board under provisions of the Colorado Land Reclamation Act for the Extraction of Construction Materials. The proposed mine site is known as the Section 20 Gravel Mine, and is located at Section 20, Township 4 North, Range 66 West, 6th Prime Meridian, in Weld County Colorado. The proposed date of commencement is late 2022, and the proposed date of completion is 2047. The proposed future use of the land is water storage. Additional information and tentative decision date may be obtained from the Division of Reclamation, Mining, and Safety, 1313 Sherman Street, Room 215, Denver, Colorado 80203, (303) 866-3567, or at the Weld County Clerk to the Board of County Commissioners; or the above named applicant. Comments must be in writing and must be received by the Division of Reclamation, Mining, and Safety by 4:00 p.m. on April 7th, 2022. (20th day after the 4th publication) Please contact Kyle Regan with Civil Resources at (303) 833-1416 ex. 210 (Kyle@ civilresources.com) if you have any questions or comments regarding this application. Scheduled to be published in the Ft. Lupton Press February 24th, March 3rd, March 10th, and March 17th, 2022. Legal Notice No. FLP539 First Publication: February 24, 2022 Last Publication: March 17, 2022 Publisher: Fort Lupton Press
City of Ft. Lupton Public Notice ORDINANCE NO. 2022-1140 INTRODUCED BY:
CARLOS BARRON
AN ORDINANCE OF THE CITY OF FORT LUPTON, COLORADO, AMENDING CHAPTER 6, ARTICLE II, ALCOHOLIC BEVERAGES, OF THE CITY OF FORT LUPTON MUNICIPAL CODE TO CONFORM TO STATE STATUTES WHEREAS, before the enactment of title 44, laws administered by the department of revenue that regulate a variety of activities were codified in two titles of the Colorado Revised Statutes, most prominently in title 12, which governs professions and occupations; WHEREAS, most professions and occupations are regulated by the department of regulatory agencies pursuant to title 12, but prior to the 2017 legislative session, title 12 contained numerous laws that did not pertain to the regulation of professions and occupations and were not administered by the department of regulatory agencies; WHEREAS, a study was completed by the State of Colorado and it was determined that the State relocate title 12 liquor laws to title 44 consisting of laws administered by the department of revenue that regulate various activities which was necessary to implement the recommendations of the recodification study and facilitate the reorganization of title 12 pertaining to the regulation of professions and occupations; and WHEREAS, Chapter 6, Article II, Alcoholic Beverages defines the process for liquor license applications including violations for local liquor licensing; and WHEREAS, City Council currently serves as the Local Licensing Authority for liquor matters and as such has the power and performs the duties set forth in the Colorado Liquor Code, C.R.S. 44-3-301, et seq., Colorado Beer Code, C.R.S. 44-4-101, et seq., and the Colorado Liquor Rules 1 C.C.R. 203-2; and WHEREAS, the City of Fort Lupton Municipal Code requires amendments to conform to the amendments made in the Colorado Revised Statutes. NOW BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT LUPTON, COLORADO, THE FORT LUPTON MUNICIPAL CODE IS HEREBY AMENDED TO CONFORM TO THE CHANGES MADE BY THE STATE OF COLORADO AS FOLLOWS: Section 1.Chapter 6 Article II, Section 6-31, Definitions, of the City of Fort Lupton Code is hereby amended to read as follows: Sec. 6-31. - Definitions As used in this Article, the following words or phrases shall have the following meanings, respectively: Fermented malt beverage means malt liquors, when purchased by a fermented malt beverage retailer from a wholesaler licensed pursuant to article 3 of title 44 C.R.S.; or when sold by a
fermented malt beverage retailer to consumers or to persons licensed under article 3 of title 44 C.R.S. Fermented malt beverage does not include confectionery containing alcohol within the limits prescribed by section 25-5-410(1)(i)(II) C.R.S. Licensed Premises means the premises specified in an application for a license that are owned or in possession of the licensee and within which the licensee is authorized to sell, dispense, or serve alcohol beverages in accordance with the provisions of title 44 C.R.S. Licensee shall mean any person or entity licensed by law to sell Alcoholic Beverages for beverage purposes at retail and who is engaged at any time during the calendar year in such operation within the City. Local Licensing Authority shall mean the City of Fort Lupton City Council (“Council”). As such, the City Council shall be known as the “Liquor Licensing Authority” or, in this Chapter, as the “Authority”. Malt liquors shall include beer and shall be construed to mean any beverage obtained by the alcoholic fermentation of any infusion or decoction of barley, malt, hops or any other similar product, or any combination thereof, in water containing not less than one-half of one percent alcohol by volume. Operator shall be construed to mean a person licensed by law to sell fermented malt beverages, malt, vinous or spirituous liquors, other than medicinal liquors, for beverage purposes at retail, and who is engaged at any time during the calendar year in such operation within the City. Spirituous liquors shall be construed to mean any alcoholic beverage obtained by distillation mixed with water and other substances in solution, and includes among other things brandy, rum, whiskey, gin powdered alcohol and every liquid or solid, patented or not, containing at least one-half of one percent alcohol by volume and which is fit for use for beverage purposes. Any liquid or solid containing beer or wine in combination with any other liquor, except as above provided, shall not be construed to be fermented malt or malt vinous liquor but shall be construed to be spirituous liquor. Vinous liquors shall include wines and fortified wines that contain not less than one-half of one percent and not more than twenty-one percent (21%) alcohol by volume and shall be construed to mean alcoholic beverage produced by the fermentation of the natural sugar contents of fruits or other agricultural products containing sugar. Section 2.Chapter 6 Article II, Section 6-32, Classification, of the City of Fort Lupton Code is hereby amended to read as follows: Sec. 6-32. - Classification. The business of selling at retail any fermented malt beverages, malt, vinous or spirituous liquors for beverage purposes within the City is hereby defined and separately classified as such occupation for the purposes of this Article, as follows: (1) Class “A” Operators: All operators who are licensed to sell malt, vinous and spirituous liquors for consumption on the premises, either at hotels or restaurant. (2) Class “B” Operators: All operators licensed as retail liquor stores to sell in sealed containers fermented malt beverages, malt, vinous or spirituous liquors for consumption off premises. (3) Class “D” Operators: All operators licensed to sell only fermented malt beverages and who sell the same solely in the original package or container for consumption off the premises. (4) Class “E” Operators: All operators licensed to sell fermented malt beverages, malt, vinous or spirituous liquors by the drink only to members of clubs and their guests within the premises of said club. Section 3.Chapter 6 Article II, Section 6-33, Fee correlation to cost, of the City of Fort Lupton Code is hereby amended to read as follows: Sec. 6-33. - Fee correlation to cost. The City hereby finds, determines and declares that, considering the nature of the business of selling, at retail, fermented malt beverages, malt, vinous and spirituous liquors for beverage purposes and the relation of such business to the municipal welfare, as well as the relation thereof to the expenditures required by the City and that a proper, just and equitable distribution of cost burdens within the City and all other matters proper to be considered in relation thereto, the classification of said business as a separate occupation is reasonable, proper, uniform and nondiscriminatory and the amount of the fee hereby imposed by this Article is reasonable, proper, uniform and nondiscriminatory and necessary for a just and proper distribution of cost burdens of the City. Section 4.Chapter 6 Article II, Section 6-39, Administrative approvals for liquor licenses, of the City of Fort Lupton Code is hereby amended to read as follows: Sec. 6-39. - Administrative approvals for liquor licenses. (1) The City Clerk shall assist the Authority by receiving all applications; coordinating with other City departments when relevant; scheduling required public hearings; and exercising the Clerk’s discretion in forwarding applications for renewals, transfer of ownership, change of manager of a licensee, temporary permits and special event permits. (2) As set forth below, the Mayor and City Clerk are hereby vested with authority to administratively review and approve applications for liquor license renewals; transfer of ownership including corporate and trade name changes, and reports of changes for corporations, limited liability companies and partnerships, change of manager of a licensee, temporary permits and special events permits. a. Renewals. The Mayor and City Clerk is authorized to administratively review and approve an application for the renewal of any previously
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approved liquor license where, after reasonable investigation by the City Clerk and consultation by the City Clerk with other appropriate administrative and law enforcement personnel, all of the following circumstances are found to exist: i. The applicant has timely and properly submitted a complete license renewal application and tendered all required fees in accordance with this Chapter and the provisions of title 44 C.R.S. ii. The complete license renewal application shall include an affidavit from the Licensee of an on premises establishment affirming there will be a person on duty during regular business hours that has completed a City approved liquor server training program. iii. The applicant’s license is in good standing with the City and the State, and no violation of law has occurred during the previous year. iv. To the knowledge of the City Clerk, there is no pending or proposed criminal or legal investigation or charges against the applicant or the licensed premises. v. There is no other information known by the City Clerk that would cause the City Clerk, in her reasonable belief, to believe that some violation of applicable law has occurred or that the license should not be renewed. b. Transfer of ownership, corporate and trade name changes, and reports of changes for corporations, limited liability companies and partnerships. The Mayor and City Clerk is authorized to administratively review and approve an application for the transfer of ownership, corporate and trade name changes, and reports of changes for corporations, limited liability companies and partnerships, of any previously approved liquor license where, after reasonable investigation by the City Clerk and consultation by the City Clerk with other appropriate administrative and law enforcement personnel, all of the following circumstances are found to exist: i. The applicant has timely and properly submitted a complete application for transfer of ownership, corporate and trade name changes, and reports of changes for corporations, limited liability companies and partnerships and tendered all required fees in accordance with this Chapter and the provisions of Title 44 C.R.S. ii. The applicant satisfies the eligibility criteria set forth in Section 44-3-307 C.R.S. c. Change of manager of a licensee. The Mayor and City Clerk is authorized to administratively review and approve an application for the change of manager for a licensed establishment where, after reasonable investigation by the City Clerk and consultation by the City Clerk with other appropriate administrative and law enforcement personnel, all of the following circumstances are found to exist: i. The applicant has timely and properly submitted a complete application for change of manager and tendered all required fees in accordance with this Chapter and the provisions of title 44 C.R.S. and the new manager has presented himself to the Police Department for fingerprinting and background investigation. ii. There is no information known by the City Clerk that could support denial of the application for change in manager under applicable law. d. Temporary permits. The Mayor and City Clerk is authorized to administratively review and approve an application for a temporary permit where, after reasonable investigation by the City Clerk and consultation by the City Clerk with other appropriate administrative and law enforcement personnel, all of the following circumstances are found to exist: i. The applicant has timely and properly submitted a complete application for a temporary permit and tendered all required fees in accordance with this Chapter and the provisions of Section 44-3303, C.R.S. ii. There is pending an application for the transfer of the liquor license corresponding to the application for a temporary permit. iii. The premises subject to the proposed temporary permit is currently subject to a valid liquor license. iv. There is no information known by the City Clerk that could support denial of the application for change in ownership under applicable law. e. Special events permits. The Mayor and City Clerk is authorized to process and issue special events permits pursuant to Article 5 of Title 44, C.R.S., provided that there are no parties filing a written objection to said permit. i. Issuance of Special Events Permits shall require an affidavit from the Event Manager affirming there will be a person on duty during the scheduled event hours that has completed a City approved liquor server training program. 3. Notwithstanding any authority delegated to the Mayor and City Clerk for the administrative approval of applications under this Section, the Mayor and City Clerk may, at their discretion, refer any licensing decision authorized to them under this Section to the Authority if, in the Mayor and City Clerk’s opinion, the matter should be presented to the Authority. In the event the Mayor or City Clerk cannot or will not approve a transfer or renewal of a license, or the approval of a change in manager of a licensee, or the approval of a temporary permit or a special events permit, then the Mayor and City Clerk shall refer the application to the Authority for consideration in accordance with applicable law. Written notice of the time and place of such consideration shall be mailed to the applicant by regular mail at least ten (10) days in advance thereof and shall contain such facts or reasons relied upon by the Mayor and City Clerk in declining to issue the license or permit or approval. Notice of the proceedings shall also be timely published and posted on the subject premises in accordance with the requirements set forth in Section 44-3-311 C.R.S., and timely provided to any person who may have filed a protest against the issuance of the license with the City Clerk. Additionally, any license or permit applicant, or any party in interest (as defined in Section, 44-3-311 C.R.S.), who is dissatisfied with
a decision of the Mayor and City Clerk under this Section may appeal same to the Authority by filing a written protest with the City Clerk not more than ten (10) days after the date of the decision appealed from. The City Clerk shall promptly set the appeal for hearing before the Authority in accordance with the notice and hearing procedures described above. 4. The Mayor and City Clerk shall not approve an application for the renewal, transfer or permit of a license where the Police Department has timely submitted written objections to the City Clerk concerning such action. Whenever such an objection is received, the City Clerk shall set the application for hearing before the Authority in accordance with the procedures set forth in Subsection (3) above. 5. The City Clerk shall regularly report to the Authority in a timely manner all licensing actions taken by the City Clerk under the provisions of this Section. Section 5.Chapter 6 Article II, Section 6-40, Gambling prohibited, of the City of Fort Lupton Code is hereby amended to read as follows: Sec. 6-40. - Gambling prohibited. No owner, operator or other person who shall have control over the operation of any pool or billiard hall or any premises licensed to sell or dispense fermented malt beverages, malt, vinous or spirituous liquors, shall permit any card table or gambling devices to be kept or used upon said premises; nor shall said owner, operator or other person in control of the operation of a pool or billiard hall or premises licensed to sell or dispense fermented malt beverages, malt, vinous or spirituous liquors, permit any person to play any game of cards upon any of the aforementioned premises within the City. Section 6.Chapter 6 Article II, Section 6-41, Standards adopted for optional premises licenses, of the City of Fort Lupton Code is hereby amended to read as follows: Sec. 6-41. - Standards adopted for optional premises licenses. The following standards for the issuance of optional premises licenses or for optional premises for a hotel and restaurant license are hereby adopted pursuant to the provisions of Section 44-3-310, C.R.S.: (1) Standards. These standards adopted herein shall be considered in addition to all other standards applicable to the issuance of licenses under the Colorado Liquor Code for optional premises licenses or for optional premises for a hotel and restaurant license. These two (2) types of licenses for optional premises will collectively be referred to as “optional premises” in these standards unless otherwise provided. (2) Eligible facilities. a. Optional premises licenses may only be approved when premises are located on or are a part of an outdoor sports and recreational facility as defined by title 44 , C.R.S. The types of outdoor sports and recreational facilities which may be considered for an optional premises license include a golf course clubhouse and adjacent golf course, driving range and facilities, even if divided by one (1) or more public streets. b. There are no restrictions on the minimum or maximum size of the outdoor sports and recreational facilities which may be eligible for the approval of an optional premises license. c. The restrictions in Section44-3-313 C.R.S., relating to distances from schools or colleges are eliminated for this class of license (optional premises). (3) Number of optional premises. The local liquor licensing authority, in its discretion, may restrict the number of optional premises which any one (1) licensee may have. (4) Submittal requirements. When submitting a request for the approval of an optional premises license, an applicant shall also submit the following: a. All local and state license fees. b. A map or other drawing illustrating the outdoor sports or recreational facility boundaries, and the approximate location of each optional premises requested. c. A description of the provisions which have been made for storing vinous and spirituous liquors in a secured area on or off the optional premises for the future use of the optional premises. d. An applicant for a hotel and restaurant license who desires to sell or serve alcoholic beverages on optional premises shall file with the optional premises permit application a list of the optional premises locations. Such application and list shall be filed with the state and local licensing authorities upon initial application, and each license year thereafter. Approval of the areas must be obtained from the state licensing authority and the local licensing authority. The decision of each authority shall be discretionary. Section 7.Chapter 6 Article II, Section 6-42, Advance notification, of the City of Fort Lupton Code is hereby amended to read as follows: Sec. 6-42. - Advance notification. Pursuant to Section 44-3-310 (3) C.R.S., no alcoholic beverages may be served on optional premises without the licensee having provided written notice to the state and local liquor licensing authorities forty-eight (48) hours prior to serving alcoholic beverages on the optional premises. The notice shall contain the specific days and hours during which the optional premises is to be used. In this regard, there is no limitation on the number of days which a licensee may specify in each notice. The notice may specify three hundred sixtyfive (365) days a year and the maximum number of hours allowed for service of beverages as otherwise provided in the Colorado Liquor Code. Section 8.Chapter 6 Article II, Section 6-43, Notice and hearing procedures, of the City of Fort Lupton Code is hereby amended to read as follows: Sec. 6-43. - Notice and hearing procedures. An application for an optional premises license, or an application for optional premises for a new hotel and restaurant license, shall be scheduled in the same manner as any other new liquor license application, and the posting, publication and hearing
requirements of the Colorado Liquor Code shall apply. An application for an optional premises for an existing hotel and restaurant license shall be scheduled for public hearing not less than thirty days from the date of the application and shall post and publish the public notice thereof not less than ten (10) days prior to the hearing in accordance with the Colorado Liquor Code. At the public hearing on any optional premises application, the Board will consider the criteria of the Colorado Liquor Code and the standards, and make findings as to whether the applicant has complied with said criteria and these standards. Section 9.Chapter 6 Article II, Section 6-44, Tastings, of the City of Fort Lupton Code is hereby amended to read as follows: Sec. 6-44. - Tastings. Tasting permit required. (1) Tastings on the licensed premises of a retail liquor store licensee or of the liquor-licensed drugstore licensee are authorized to be conducted within the City in accordance with Section 44-3301 (10), C.R.S. and are subject to the provisions of this Chapter. (2) The local licensing authority is authorized to issue tasting permits in accordance with the requirements of this Chapter. (3) It shall be unlawful for any person to conduct tastings within the City without having first received a tasting permit issued in accordance with this Section. (4) Retail liquor store licensees and liquorlicensed drugstore licensees desiring to conduct tastings shall submit a tasting permit application to the City Clerk accompanied by the fee stated in Section 6-47 below. (5) Submittal requirements. Annually, the licensee shall submit a tasting permit application provided by the City Clerk’s office, complete and including the following: a. Licensee information, including but not limited to name, address, contact information and state liquor license number. b. Verification that the licensee and employees who will be conducting the tastings have completed a seller/server training program that meets the standards established by the Liquor Enforcement Division in the Department of Revenue and are qualified to conduct an alcohol beverage tasting. (6) Advance notification. No malt, vinous or spirituous liquors and fermented malt beverages can be provided as samples during a tasting until the licensee has provided written notice to the City Clerk’s office at least five (5) working days prior to conducting said tasting. (7) Renewal of tasting permits shall be concurrent with the renewal of licenses for retail liquor stores and liquor-licensed drugstores. A licensee’s initial tasting permit shall expire on the same date as the date the licensee’s retail liquor store or liquorlicensed drugstore license expires. The initial tasting permit application fee shall not be prorated if the permit expires in less than a year. (8) Tasting permits shall be conspicuously and prominently posted by the licensee on the licensed premises at all times during business hours. The tasting permit shall be subject to inspection by City and state officials authorized to enforce the Colorado liquor code and/or this Code upon request. (9) Tasting permits shall only be issued to a retail liquor store or a liquor-licensed drugstore licensee whose license is valid, not subject to a current or pending enforcement action by the City or the State and in full force and effect. Section 10. Chapter 6 Article II, Section 6-45, Limitation on tastings, of the City of Fort Lupton Code is hereby amended to read as follows: Sec. 6-45. - Limitation on tastings. Tastings within the City shall be subject to the following limitations: (1) Tastings shall be conducted only by a person who has completed a server training program that meets the standards established by the Liquor Enforcement Division of the Department of Revenue, and who is either a retail liquor store licensee or a liquor-licensed drugstore licensee or an employee of a licensee, and only on a licensees’ licensed premises. (2) The alcohol used in tastings shall be purchased through a licensed wholesaler, licensed brew pub licensed distillery pub, or winery, licensed pursuant to Section 44-3-403, C.R.S., at a cost that is not less than the laid-in cost of the alcohol beverage. (3) The size of an individual sample shall not exceed one (1) ounce for malt or vinous liquor or one-half (½) of one ounce of spirituous liquor. (4) The licensee shall not serve more than four (4) individual samples to a patron during a tasting. (5) Tastings shall not exceed a total of five (5) hours in duration per day, which need not be consecutive. (6) Tastings shall be conducted only during the operating hours in which the licensee, on whose premises the tastings occur, is permitted to sell alcoholic beverages, and in no case earlier than 11:00 a.m. or later than 7:00 p.m. (7) The licensee shall prohibit patrons from leaving the licensed premises with an unconsumed sample. (8) The licensee shall promptly remove all open and unconsumed beverage samples from licensed premises, destroy the samples immediately following the completion of the tastings, or store any open containers of unconsumed alcohol beverages in a secure area outside the sales area of the licensed premises for use at a tasting conducted at a later time or date. (9) The licensee shall not serve a person who is under twenty-one (21) years of age or who is visibly intoxicated. (10) The tasting samples used in the tastings shall be served in open containers and shall be provided to a patron free of charge. (11) A licensee may conduct tastings on no more than 25 days per year. (12) No manufacturer of spirituous or vinous liquor shall induce a licensee through free goods or financial or in-kind assistance to favor the manufacturer’s products being sampled at an alcohol
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